WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, March 22, 2017

A READER INQUIRES

A reader has some questions that deserve answers.

Here are
some questions for you my friend Rumpy:

1. Why does the State e-file discovery
notices but not the actual discovery, which they send to you by snail mail?
Even Broweird e-files the entire discovery package. Don't they have
scanners or copies that scan documents or are they just supporting the U.S.
Postal Service? Think of all the money they would save on postage!

Rumpole says: Excellent question.

2. Do you
really believe that KFR refuses to ride the elevator with her assistants? She
may be more a politician than a lawyer now but she is not that full of herself.

3. What is it with judges and their J.A.s, who refuse to accept motions by
e-filing or email? I had a motion e-filed with a courtesy copy emailed to the
J.A. with a proposed order. They don't respond. When I have my
paralegal inquire, she is told that we needed to MAIL a copy of the motion,
proposed order (3 copies) and self-addressed, postage paid envelopes for us and
the SAO. Are we practicing in the 1950's? Should I send over some
carbon paper?

Rumpole says: Another excellent question. We know judges read this blog. Any of them care to answer why they will not accept emails of motions with orders?

32 comments:

Anonymous
said...

1) The fact that we get discovery notices emailed without discovery is pointless, but it's good for state-charged continuances. The state will send you the notice 3 days before sounding but with no disco attached. The hapless ASA says, "But Judge, the note on my file says we efiled the discovery three days ago." Then you show the judge the printed notice but without the disco. The County Court judges are all pretty fed up with this policy. But hey, buys us more time.

2) I have personally riden in the Graham Building elevator with KFR. We had a very pleasant chat.

3) Yeah, I don't get the whole mail three copies with three stamped envelopes bullshit. Personally, I think the JAs are hoping to make the process so daunting and time-consuming that you just give up and not file the motion. Kind of like the way your insurance company dicks you around until you withdraw the claim.

Just so you know, if you get a response from the Portal with the PDF of your motion attached, you cannot send that to a JA or Judge because the subject line will auto fill with "Service of court document" and their computers will bounce it.

So, remember to change the subject line before you forward to a JA or judge.

The reason they won't accept stuff by email is simply because they are assholes. I feel better now.

6:40 you are a moron. Building a wall and deporting illegals won't change jack shit other than encouraging the terrorists. Engagement with the rest of the world will encourage cooperation and ultimately peace.

Yes, the illegals need to be deported, I agree there. And I just can't get over some of Trump's hypocrisy. He is the child of an immigrant himself. His mother was born in Scotland. His wife is an immigrant. She was born in Slovenia. The mother of his 3 adult children came from Czechoslovakia. Why all the hate and persecution against immigrants? Oh, I know. He always talks out of both sides of his mouth, right?

All these people that bitch about access to justice are the same people that make it difficult for you to send a stupid 2 page document. Time to go to Justice Labarga. He ordered all judges to wear black robes, have him order all judges to accept email. You don't like getting email from lawyers? It's too much? Resign.

It's more than just immigration. It's the destruction of culture. Western values are liberal values - equality for women and LGBT community, acceptance of other cultures, religious tolerance. There may be narrow minded fools in the US but by and large, women and LGBT Americans have equal rights; at least pretty damn close. Women in America can take a day off of their six-figure corporate jobs, go buy a $4 cup of coffee, and drive their $70,000 SUVs to a protest wearing a pink knit cap. In Muslim countries, women who go out without burqa or without a male relative can be stoned to death.

Islam is not a race, it is not an ethnicity, nor is it a nationality. It is a religion - which means, a man-made creation, a blend of dogma and political idealogy. Like any religion, it can and should be criticized. Islam is archaic, backwards, and completly incompatable with Western values.

9:27 points out the chip on Trump's shoulder. This is a man who has not one single grandparent born in the United States and who, as 9:27 points out, hangs out with immigrants and other people like him with minimal ancestral ties to the United States. It explains why he has such animosity towards "establishment" Republicans like John McCain, Mitt Romney, and Jeb Bush, whose ancestors (like my own) fought this country's wars and helped create our democracy, and such disdain for the institutions of our 240 year-old government. I've been surprised we haven't seen a backlash from the Republican establishment yet but it is coming, especially if there is proof (as it appears there is) that Mr. MAGA plotted with a foreign power to win the election.

So, Trump is bad for wanting to keep America safe, for wanting to keep criminal aliens out of the US and for wanting a better economy that benefits the US first. The horror.

What best way he could get America in the right track, is to curtail the activist Judges by ordering Executive Agencies to ignore the rulings of Judges that infringe on powers exclusively granted to the Executive and/or Legislative branch in the constitution.

I am no Trump fan but the Democrat and Republican establishments have been the exclusive cause of 100% of the mess this country finds itself in.

Maybe we should read some more of the Vault 7 wikileaks documents so we can educate ourselves as to who the real enemies of freedom are.

As for Judges not accepting emails, it is due to sheer laziness. After all, they would not longer be able to use the excuse that the document never reached them or it was lost in the mail or its the clerks' fault.

Ah, Christianity, the religion of peace. (see, e.g., the crusades, persecution of protestants by catholics and vice versa, slavery, colonialism, genocide of native americans, genocide of jews). We should open our borders and let more of them come in.

Hey 6:40! The same shit was said about Catholics and Jews. You certainly didn't feel this way when you were colonizing them and stealing their resources. Lets try this, get out of their countries and see if a small minority stays pissed off.

Trump should be forced to marry only good old fashioned American women. No more buying sex from east Europeans. I believe his is the only first lady ever to sell nude fotos of her self for public consumption.

You Christians are the evilest murdering scumbags on the planet. Look at your sovereign state of Florida. You kill innocent people. You want to set yourselves up as the high and mighty? You kill innocent people. You have bogus racist trials, a "justice system" that won't consider actual innocence as a defense to getting killed, and you claim Islam is violent! You kill innocent people.

Oh, and immigrants wouldn't steal your jobs is you were not so fat, lazy and stupid. MAGA? What you want to bring back slavery, strip the ladies of the right to vote? You are deplorable.

hey 10:50 - You have no idea what the culture is in majority-muslim countries because it's clear to me that you have never set foot in one. If I'm wrong, you tell me what countries you've visited, for how long, how many muslims you know in this country, how well. But I'm not wrong. You know nothing of muslim culture but what you hear on fox news. So you wake up, travel to muslim countries, read some books.

12:45 - You say you're not a fan, but I know you voted for Trump. He stroked the shaft of your vanity by telling you that white men are special. Ditto for MAGA at 2:15.

7:14 - name one Muslim-Majority country that follows Shariah law where a woman can own a business, drive a car, or walk down the street in any outfit she chooses. Also name one Muslim-majority country where homosexual/transgender men and women can carry on with their lives, engaging in relationships of their choice, without fear.

"Ah, Christianity, the religion of peace. (see, e.g., the crusades, persecution of protestants by catholics and vice versa, slavery, colonialism, genocide of native americans, genocide of jews). We should open our borders and let more of them come in."

Dear 3:40:00 PM

Yeah because what happened 200 years ago, is relevant to Islamic terrorism today.

7:14 - Not sure what you mean by the qualifier "that follows Shariah law" but there are many Muslim majority countries where a woman can own a business, drive a car, or walk down the street in any outfit she chooses -- Tunisia, Morocco, Algeria, Libya and Syria (before the civil wars there; I don't know that any one there walks around or drives cars), Mali, Niger. There are probably many others, but I don't personally have information about them. If you're interested, I can do some research about that.

There are of course homosexual men and women throughout those countries. I'm not sure about transgered men and women. But I do know that transgendered people here can't "carry on with their lives, engaging in relationships of their choice, without fear."

The Christian crusades were 1500 years. Muslim ( of the religion of peace) blow themselves up daily, killing innocence.

Let's see, Muhammad was a pedophile, women have zero rights, to criticize its leader is an automatic death sentence, etc.

Yes, whites commit crime. When they do, lock them up. When an entire religious/political ideology is to destroy the west. Time to action. Not by bashing our president or quoting and rynd, but taking real action.

London let too many of them in. My point is don't let them in here. That ridiculous notion is Islam being compatible with any western value is sickening. Hopefully that all blow each other up.

On April 9, 2011, An officer of the Police Nationale is shot by two members of a Christian terror group ETA who refused to stop at a police checkpoint in the town of Valliere, Limousin. (less than 200 years ago).

On August 3, 2011, a Real IRA car bomb injured seven civilians in Ealing, west London. (less than 200 years ago).

On November 27, 2015, a mass shooting occurred in a Planned Parenthood clinic in Colorado Springs, Colorado, resulting in the deaths of three people and injuries to nine. (Still less than 200 years ago).

Looks to me like you Christians are a bunch of murderous thugs. But, hey, you too are a "religion of peace."

"On April 9, 2011, An officer of the Police Nationale is shot by two members of a Christian terror group ETA who refused to stop at a police checkpoint in the town of Valliere, Limousin. (less than 200 years ago)."

ETA is a left wing non-religious group. Just like a Muslim to lie to achieve their goal.

The Real IRA is a left wing non-religious group. Just like a Muslim to lie to achieve their goal.

"On November 27, 2015, a mass shooting occurred in a Planned Parenthood clinic in Colorado Springs, Colorado, resulting in the deaths of three people and injuries to nine. (Still less than 200 years ago)."

One person acting on their own does not compared to the hundreds of thousands of Muslims actively engaging in jihad at this current time.

I guess they told you at the Klavern that "the troubles," didn't involve religion. "The IRA has nothing to do with Roman Catholicism," says your Grand Wizard, "nor are the Unionists of Ulster Protestant."

A quick wikipedia search shows 3,635 were killed from 1969–1998 during "the troubles." [apparently less than 200 years ago] There are reports that 257 of the victims were children under the age of seventeen, representing 7.2% of all the total during this period. [Nice to see that you too lie like a Muslim to lie to achieve your goal.]

In The Politics of Antagonism: Understanding Northern Ireland, Brendan O'Leary and John McGarry point out that "nearly two per cent of the population of Northern Ireland have been killed or injured through political violence [...] If the equivalent ratio of victims to population had been produced in Great Britain in the same period some 100,000 people would have died, and if a similar level of political violence had taken place, the number of fatalities in the USA would have been over 500,000".

Of course, you can't use logic with a bigot. Anybody who thinks the IRA/Ulster Union troubles is not a Christian conflict is either stupid, or willfully ignorant.